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HomeMy WebLinkAboutRALLY, SPERO J TOWN OF NORTH ANDOVER VARIANCE `yr. ZONING BOARD OF APPEALS ,.. :�`. ,. n-- 9. ,� �' �� .��.. �rr'�-���. «a, .....,-�x°a _.,, s.ostia.:J .. '" f♦ Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more speck cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 6: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). C= I N u * a : IMPORTANT PHONE NUMBERS: = > � rrlorrt 978-688-9541 Zoning Board of Appeals Office A ;:a CD 978-688-9501 Town Clerk's Office M a 978-688-9545 Building Department - Page'2 of 4 Application for a VARIAN C E Zoning Board of Appeals 1. Petitioner: Name, address and telephone number. Spero J. Rally 46 MainStreet, North Andover, MA 01845 978-590-4757 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Spero J. Rally 46 Main Street, North Andover, MA 978-590-4757 Years Owned Land: 1 3. Location of Property: a. Street: 46 - 52 main. Street Zoning District GB b. Assessors: Map number 29 Lot Number. 21 c. Registry of Deeds: Book Number 5794 Page Number: 263 4. Zoning Sections under which the petition for the Variance is made. Section 8.1 Off Street Parking *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Allow use of existing building with 14 parl4ng spaces in lieu of 21 required. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 15,896 NA 1.2 % 9.86 7 25, 4 18t .21' B. quo Values above are difference between value provided and value required for those values that do not meet current requirements. Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9104 36.2 % 115.14 14 0 32 7 4 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking " Minimum Lot set Back" Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 9104 36.2 % 115.14 14 0 32 7 4 d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2.5.000 NA_ 35 % 125 21 25 25 25 25 7. a. Existing Buildings: Ground Floor Number of Total . Use of Square feet Floors Sq.feet Building` 3302 2 5586 First floor retail and service. Second floor 2 residential dwelling units 'Reference Uses from the Zoning By-Law.State number of units in building, b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* r 3302 2 5586 Same as existing 'Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is tine oftial form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does!! applicant from this responsibility. The petitioner shall be responsible for all e)penses for filing and legal notification. Failure to comply withi requ1,o, cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as Sionature i Type above name (s) here 1.. Spero J. Rally PAGE 4 OF 4 VARIANCE G 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law ail dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius 6. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid fines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of recons, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities,soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Cleric's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certifiied_mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)gree or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. B. Plan Specifications: Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. ♦ A variance once granted by the ZBA will lapse in Plan prepared by a Registered Professional Engineer . one (1)year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. signatures and date indicated on mylar. NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST 46-52 MAIN STREET,NORTH ANDOVER MA. ASSESSORS MAP 29,LOT 21 MAP 29 LOT OWNER ADDRESS 1 855 REALTY TRUST 91 QUAIL RUN,NORTH ANDOVER,MA 01845 2&3 PHILLIP MILLER 16 SAUNDERS STREET NORTH ANDOVER,MA 01845 4 VASILIY MOLLA 4 RAND CIRCLE DANVERS,MA 01923 15 PLEASANT ST TRUST JOHN J WILLIS,TR 807 TURNPIKE STREET NORTH ANDOVER,MA 01845 16 DOROTHY TAYLOR 29 SAUNDERS STREET NORTH ANDOVER,MA 01845 17 TOD WORKMAN 33 SAUNDERS STREET NORTH ANDOVER,MA 01845 18 ETHERAM VAKILIL 3219 PALM AIRE DRIVE ROCHESTER HILLS,MI 48309 19 ANTHONY MELILLO 15 GLEN AVE METHUEN,MA 01844 20 BRETON PROPERTIES,INC 405 JOHNSON STREET NORTH ANDOVER,MA 01845 22 JOSEPH MULVEY 1I SAUNDERS STREET NORTH ANDOVER,MA 01845. 23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845 39 RACK REALTY,LLC 91 HAMPSTEAD ST METHUEN,MA 01844 40 J&M REALTY TRUST MATTHEW XENAKIS,TR 69 MAIN STREET NORTH ANDOVER,MA 01845 51 BEATRICE GRANDE 47 MAIN STREET NORTH ANDOVER,MA 01845 53 JOSEPH ABDUL NOUR &JACQUELINE URSO 54 MAIN STREET NORTH ANDOVER,MA 01845 MAP 18 LOT 1 CARLSON REALTY TRUST ROLF CARLSON,TR 12 BEACH PLUNsWAY HAMPTON,NH 03842 2 HANS CHRISTENSEN 8 MORTON STREET NORTH ANDOVER,MA 01845 3 EVCON REALTY TRUST T.J O'REILLY,TR 1 CHERRY LANE GEORGETOWN,MA 01835 33 FREDERICK SPICER 20 HODGES STREET NORTH ANDOVER,MA 01845 N 34 PETER VOISINE 8 MORTON STREET NORTH ANDOVER,MA 01845 0 35 RAMSEY BAHRAWY 55 MAIN STREET NORTH ANDOVER,MA 01845 Q MAP 17 LOT 12 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 Z E 23 SHARON TUTTLE 133 GREENE STREET NORTH ANDOVER,MA 01845 O MAP 28 LOT 12,13,&14 SUTTON REDEVOPMENT,LLC 30 MAIN STREET NORTH ANDOVER,MA 01845 N Q 15 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 -p 16&17 CARLSON REALTY TRUST aS ROLF CARLSON,TR 12 BEACH PLUM WAY HAMPTON,NH 03842 THIS CERTIFIES THAT ON 2/12/02,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 MEMORANDUM IN SUPPORT OF SPECIAL PERMIT AND VARIANCE REQUESTS 46 - 52 MAIN STREET, NORTH ANDOVER The building at 46—52 Main Street is an existing building that has been in existence in its current configuration since at least December 1948.(see copy of recorded plan attached) The building is currently occupied on the second floor by two residential units and partially on the first floor by a hair salon. The vacant space on the first floor was formerly occupied by a retail furniture store. The owner of the furniture store owned the building and ceased operation of the store and sold the premises to Spero Rally approximately one year ago. Mr. Rally would like to rent the space that was the existing furniture store to A.and M. Appliance. A. and M. Appliance is an existing business located up the street at 73 Main Street. The existing building as configured has 14 on site parking spaces. The required number of parking spaces for the existing and proposed uses totals 21. The building has frontage on Main Street where 4 parking spaces are located directly in front of the building. The proposed appliance store use has a very low parking demand. The typical business day would include visits by a few customers,rarely with.more than one at a time. By moving A and M to this location from its current location some congestion on Main Street will be relieved. This building has an off street loading dock where appliances can be loaded into and out of the building with the truck completely off street in lieu of the current situation where loading is done in on street parking spaces or while the buck is double parked. The retail business also will mesh well with the residential use as far as parking demand is concerned. Since the demand for the residential parking is lowest during the day for the residential units when the occupants are typically at work,off street parking spaces can be used by the appliance store customers. The appliance store is typically closed in the evening when the demand by the residents for parking is highest. The proposed use is similar to what has occupied the building in the past and will have no increased detrimental effect to the neighborhood. 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I I- - ,. _s—_.. _. _..___--- - —__–.- -._.�.�_--..._. _.. ._._.._. — N, ZyL,j�_oc , TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters) and be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an apELcation as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be completed, After the hearing, copy a co of the Board's decision will be sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17,within twenty(20)days cited in item 10 page 4 of this form. after the decision is filed with the Town Cleric. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest(abutters). c_ 1_> D -4 -� o e-)7*3 _ M _ a7 n:r M o res ®�:ocno IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Spero J. Rally 46 Main Street, North Andover, MA 01845 978-590-4757 `The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Spero J. Rally 46 Main Street, North Andover, MA 01845 978-590-4757 Years Owned Land: 1 3. Location of Property: a. Street: 46-52 main Street Zoning District GB b. Assessors: Map number 29 Lot Number: 21 c. Registry of Deeds: Book Number 5794 Page Number: 263 4. By-Law Sections under which the petition for the Special Permit is made. Section 9.1 Existing non conforming use "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Y To allow the continued use of an existing bulling and lot, both of which do not comply with existing zoning laws. Building and lot have both existed since prior to the adoption of the zoning bylaw. Building has been used for retail on the first floor and 2 residential units on the second floor. "The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. PAGE 2 OF 4 Date &Time Stamp Application for SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS HBO 1. Petitioner: Name, address and telephone number: Spero J. Rally 46 Main Street, North Andover, MA 01845 978-590-4757 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Spero J. Rally 46 Main Street, North Andover, MA 01845 978-590-4757 Years Owned Land: 3. Location of Property: a. Street: 46-52 main Street Zoning District GB b. Assessors: Map number 29 Lot Number: 21 c. Registry of Deeds: Book Number 5794 Page Number: 263 4. By-Law Sections under which the petition for the Special Permit is made. Section 9.1 Existing non conforming use *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: ,Y To allow the continued use of an existing bulling and lot, both of which do not comply with existing zoning laws. Building and lot have both existed since prior to the adoption of the zoning bylaw. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT r NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9104 36.2 % 115.4 14 0 32 7 4 % b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ol��s 36.2 % 115.14 14 0 32 7 4 off, c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25,000 NA 35 % 125 21 25 25 25 25 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 3302 2 5586 First floor retail and service 2 Second floor residential 2 *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 3302 2 5586 same as existing Z *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board-of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name (s) here Spero J Rally PAGE 4 OF 4 Application for a SPECIAL PERMIT 3 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets identified and factually supported: Addressing each of the 4 wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 50'from applicants proposed structure 1. The particular use proposed for the land or structure. 7. deed restrictions, easements 2. The specific site is an appropriate location for such B. Legend &Graphic Aids: use, structure or condition. 1. Proposed features in solid lines&outlined in red 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Plan the proper operation of the proposed use. 5. Title of Plan 5. The use is in harmony withthe purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law. � 6. Specific reference and response to the criteria applicant, owner of record, and designer or surveyor. required by the particular special permit for which this application is made(i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall require that in addition to the above requirements). features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Board of A interior of building plans will be required when the Each application to the Zoning Appeals shall be application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Cleric's projects including decks,sheds,&garages shall be Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following A. Notification Fees: Applicant is to send by certified whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units, and supply Proof of mailing to ZBA secretary. Applicant is c) 2000 square feet of building area. to supply stamps(appropriate current postage)for Minor projects that are less than the above limits shall mailing of decisions to all parties of interest as require only the plan information as indicated with asterisks * to some cases further information may be identified in MGLA ch.40A in sec. 11 as listed on the Y application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one(1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of V--40' C. Administrative fee of$50.00 per a plication. b) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2)years if not exercised and anew petition must be submitted. NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST 46-52 MAIN STREET,NORTH ANDOVER MA. ASSESSORS MAP 29,LOT 21 MAP 29 LOT OWNER ADDRESS 1 855 REALTY TRUST 91 QUAIL RUN,NORTH ANDOVER,MA 01845 2&3 PHILLIP MILLER 16 SAUNDERS STREET NORTH ANDOVER,MA 01845 4 VASILIY MOLLA 4 RAND CIRCLE DANVERS,MA 01923 15 PLEASANT ST TRUST JOHN J WILLIS,TR 807 TURNPIKE STREET NORTH ANDOVER,MA 01845 16 DOROTHY TAYLOR 29 SAUNDERS STREET NORTH ANDOVER,MA 01845 17 TOD WORKMAN 33 SAUNDERS STREET NORTH ANDOVER,MA 01845 18 ETHERAM VAKILIL 3219 PALM AIRE DRIVE ROCHESTER HILLS,MI 48309 19 ANTHONY MELILLO 15 GLEN AVE METHUEN,MA 01844 20 BRETON PROPERTIES,INC 405 JOHNSON STREET NORTH ANDOVER,MA 01845 22 JOSEPH MULVEY 11 SAUNDERS STREET NORTH ANDOVER,MA 01845. 23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845 39 RACK REALTY,LLC 91 HAMPSTEAD ST METHUEN,MA 01844 40 J&M REALTY TRUST MATTHEW XENAKIS,TR 69 MAIN STREET NORTH ANDOVER,MA 01845 51 BEATRICE GRANDE 47 MAIN STREET NORTH ANDOVER,MA 01845 53 JOSEPH ABDUL NOUR &JACQUELINE URSO 54 MAIN STREET NORTH ANDOVER,MA 01845 MAP 18 LOT 1 CARLSON REALTY TRUST ROLF CARLSON,TR 12 BEACH PLUMWAY HAMPTON,NH 03842 2 HANS CHRISTENSEN 8 MORTON STREET NORTH ANDOVER,MA 01845 3 EVCON REALTY TRUST d� T.J O'REILLY,TR 1 CHERRY LANE GEORGETOWN,MA 01835 33 FREDERICK SPICER 20 HODGES STREET NORTH ANDOVER,MA 01845 r 34 PETER VOISINE 8 MORTON STREET NORTH ANDOVER,MA 01845 e, rf] c 35 RAMSEY BAHRAWY 55 MAIN STREET NORTH ANDOVER,MA 01845 Q MAP 17 LOT 12 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 z 23 SHARON TUTTLE 133 GREENE STREET NORTH ANDOVER,MA 01845 0 MAP 28 LOT 12,13,&14 SUTTON REDEVOPMENT,LLC 30 MAIN STREET NORTH ANDOVER,MA 01845 N Q 15 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 '2- 16&17 CARLSON REALTY TRUST ca ROLF CARLSON,TR 12 BEACH PLUM WAY HAMPTON,NH 03842 THIS CERTIFIES THAT ON 2/12/02,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 MEMORANDUM IN SUPPORT OF SPECIAL PERMIT AND VARIANCE REQUESTS 46 - 52 MAIN STREET, NORTH ANDOVER The building at 46—52 Main Street is an existing building that has been in existence in its current configuration since at least December 1948.(see copy of recorded plan attached) The building is currently occupied on the second floor by two residential units and partially on the first floor by a hair salon. The vacant space on the first floor was formerly occupied by a retail furniture store. The owner of the furniture store owned the building and ceased operation of the store and sold the premises to Spero Rally approximately one year ago. Mr. Rally would like to rent the space that was the existing furniture store to A. and M. Appliance. A. and M. Appliance is an existing business located up the street at 73 Main Street. The existing building as configured has 14 on site parking spaces. The required number of parking spaces for the existing and proposed uses totals 21. The building has frontage on Main Street where 4 parking spaces are located directly in front of the building. The proposed appliance store use has a very low parking demand. The typical business day would include visits by a few customers,rarely with more than one at a time. By moving A and M to this location from its current location some congestion on Main Street will be relieved. This building has an off street loading dock where appliances can be loaded into and out of the building with the truck completely off street in lieu of the current situation where loading is done in on street parking spaces or while the truck is double parked. The retail business also will mesh well with the residential use as far as parking demand is concerned. Since the demand for the residential parking is lowest during the day for the residential units when the occupants are typically at work, off street parking spaces can be used by the appliance store customers. The appliance store is typically closed in the evening when the demand by the residents for parking is highest. The proposed use is similar to what has occupied the building in the past and will have no increased detrimental effect to the neighborhood. The building has been used for retail on the first floor for many years. i l w � F {I a a ,=,z—A/V LA NO ( No;gT-/-e ratn16C..vER MA 5$.. " + { ln//LL/AM.E. SEL/Z�iBETf-� R. 5�.o►�Fa . ::3d t�jGAL � REG .SURVEYPrt Q' 8 �er f..e`� G=GEMBLR 1948 MLTNULrIV Mr+C.S"g,. _ X90 w. -•.. 1 - r TOWN OF NORTH ANDOVER VARIANCE ` ZONING BOARD OF APPEALS iWe Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest(abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEINSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the. required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Cleric Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: } C C) 978-688-9541 Zoning Board of Appeal r a [ > - n:::j 978-688-9501 Town Clerk's Officer, ,r- ><- 978-688-9545 BuildingDepartment "< C:) p 1 ts. �02 C SEALS r ' W Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Spero J. Rally 46 Main Street North Andover, MA 01845 978-590-4757 *The petitioner shall be entered on the legal twice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Spero J. Rally 46 Main Street, North Andover, MA 978-590-4757 Years Owned Land: 1 3. Location of Property: a. Street: 46 - 52 main Street Zoning District GB b. Assessors: Map number _.a Lot Number: 21 c. Registry of Deeds: Book Number 5794 Page Number: 263 4. Zoning Sections under which the petition for the Variance is made. Section 8.1 Off Street Parking *Refer to the Permit Denial and Zoning By4.aw Phan Review as supplied by the BuiMV Commissioner 5. Describe the Variance request Allow use of existing building with 14 parking spaces in lieu of 21 required. *The above description shall be used for the purpose of the k1ai notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the Intent of the applkant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 15,896 NA 1.2 9i 9.86 7 25, 1811- 31' B. % Values above are difference between value provided and value required for those values that do not meet current requirements. Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9104 36.2 % 115.14 14 0 32 7 4 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9104 36.2 % 115.14 14 0 32 7 4 d. Required Lot: (As required by zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear .000TSA_ 35 % 125 21 25 25 25 25 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 3302 2 5586 First floor retail and service. Second floor 2 residential dwelling units 'Reference Uses from fits Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor . Number of Total Use of Square feet Floors Sq.feet .Building* 3302 2 5586 Same as existing *Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shah be made on this form which is the official form of the Zoning Board of Appeals. Every application shah be filed with the Town Clerks Office. it shall be the of the n��Y Pacer to famish all supporting documentation this application received by the Town Clerk or the Zoning Board of does not w application.T The dated copy of this APPS applicant from this responsibility. The petitioner shah be responsible for all expenses for filing and legal notifmation. Faunae to comply with cited herein and in the Zoning Board Rules and Regulates may result in a dismissal by the Zoning Board of tills application as' Signature Type above name (s) here t. Spero J. Rally PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise,which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities,soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks,sheds,&garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the pian information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks(*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 0B. Plan Specifications: Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A variance once granted by the ZBA will lapse in Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA j be submitted. signatures and date indicated on mylar. NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST 46-52 MAIN STREET,NORTH ANDOVER MA. ASSESSORS MAP 29,LOT 21 MAP 29 LOT OWNER ADDRESS 1 855 REALTY TRUST 91 QUAIL RUN,NORTH ANDOVER,MA 01845 2&3 PHILLIP MILLER 16 SAUNDERS STREET NORTH ANDOVER,MA 01845 4 VASILIY MOLLA 4 RAND CIRCLE DANVERS,MA 01923 15 PLEASANT ST TRUST JOHN J WILLIS,TR 807 TURNPIKE STREET NORTH ANDOVER,MA 01845 16 DOROTHY TAYLOR 29 SAUNDERS STREET NORTH ANDOVER,MA 01845 17 TOD WORKMAN 33 SAUNDERS STREET NORTH ANDOVER,MA 01845 18 ETHERAM VAKILIL 3219 PALM AIRE DRIVE ROCHESTER HILLS,MI 48309 19 ANTHONY MELILLO 15 GLEN AVE METHUEN,MA 01844 20 BRETON PROPERTIES,INC 405 JOHNSON STREET NORTH ANDOVER,MA 01845 22 JOSEPH MULVEY 11 SAUNDERS STREET NORTH ANDOVER,MA 01845. 23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845 39 RACK REALTY,LLC 91 HAMPSTEAD ST METHUEN,MA 01844 40 J&M REALTY TRUST MATTHEW XENAKIS,TR 69 MAIN STREET NORTH ANDOVER,MA 01845 51- BEATRICE GRANDE 47 MAIN STREET NORTH ANDOVER,MA 01845 53 JOSEPH ABDUL NOUR &JACQUELINE URSO 54 MAIN STREET NORTH ANDOVER,MA 01845 MAP 18 LOT 1 CARLSON REALTY TRUST ROLF CARLSON,TR 12 BEACH PLUMWAY HAMPTON,NH 03842 2 HANS CHRISTENSEN 8 MORTON STREET NORTH ANDOVER,MA 01845 3 EVCON REALTY TRUST T.J O'REILLY,TR 1 CHERRY LANE GEORGETOWN,MA 01835 33 FREDERICK SPICER 20 HODGES STREET NORTH ANDOVER,MA 01845 34 PETER VOISINE 8 MORTON STREET NORTH ANDOVER,MA 01845 35 RAMSEY BAHRAWY 55 MAIN STREET NORTH ANDOVER,MA 01845 Q MAP 17 LOT 12 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 Z L 23 SHARON TUTTLE 133 GREENE STREET NORTH ANDOVER,MA 01845 O MAP 28 LOT 12,13,&14 SUTTON REDEVOPMENT,LLC 30 MAIN STREET NORTH ANDOVER,MA 01845 N Q- 15 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 2 L 16&17 CARLSON REALTY TRUST cc ROLF CARLSON,TR 12 BEACH PLUM WAY HAMPTON,NH 03842 THIS CERTIFIES THAT ON 2/12/02,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099